Judge: Michelle C. Kim, Case: 22STCV24538, Date: 2023-09-15 Tentative Ruling

Case Number: 22STCV24538    Hearing Date: September 15, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

GEORGE MOAALII and ROSIE MOAALII, 

Plaintiff(s), 

vs. 

 

MICHAEL D. PEAVY, ET AL., 

Defendant(s). 

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Case No.: 22STCV24538 

 

[TENTATIVE] ORDER RE: MOTIONS TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m. 

September 15, 2023 

 

 

Plaintiffs George Moaalii (“George”) and Rosie Moaalii (“Rosie”) (collectively, “Plaintiffs”) attorney of record, John A. Sheehan of The Barnes firm LC (“Counsel”), moves to be relieved as counsel, contending the relationship between Plaintiffs and counsel have deteriorated to the point where counsel can no longer represent the interests of Plaintiffs. Plaintiffs refuse to cooperate and has made it impossible for Counsel to render effective and efficient representation.  

 

Counsel declares the moving papers were served on Plaintiff via mail at Plaintiff’s last known address, which Counsel confirmed via certified mail with a signed return receipt received. Counsel has filed proof of service of the motion, declaration, and proposed order on Plaintiffs. (Cal. Rules of Court, rule 3.1362(d).) 

 

Counsel filed two separate motions, one for Plaintiff George and one for Plaintiff Rosie.  

 

  1. Plaintiff George 

The motion is DENIED without prejudice as to Plaintiff George. The moving papers for Plaintiff George are missing form MC-052. Based upon the MC-025 submitted, it appears that Counsel inadvertently omitted MC-052 from the filing. Counsel must re-file and properly submit all the required documents pursuant to California Rules of Court, Rule 3.1362.  

 

  1. Plaintiff Rosie 

The motion is GRANTED as to Plaintiff Rosie; the ruling is effective upon filing proof of service of the final order. Trial is currently set for January 26, 2024. Therefore, there is sufficient time for Plaintiff Rosie to seek other counsel.  

   

Moving Counsel is ordered to give notice. 

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 14th day of September 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court